Newport News judge rules red light camera code is constitutional

Rick Ray Johnson, 59, had challenged the code on several grounds, including motorists not being able to provide a defense for the violation, the criminal vs. civil aspect of the infraction, and the scientific reliability of the cameras.

Johnson, of Newport News, received a notice of violation in June alleging that he had run a red light at the intersection of Oyster Point Road and Jefferson Avenue at 5:36 p.m. on June 7. Johnson, a retired physicist, requested a hearing on the violation and was found guilty in August, according to online court documents. He was fined $50.

Johnson said he decided to go through the light to avoid slamming on his brakes and potentially causing an accident.

Judge C. Peter Tench ruled that the enforcement of the code is constitutional. The enforcement of the red light camera code was one of the main challenges raised in a 17-page brief filed by Johnson.

"I'm disappointed," Johnson said after the hourlong hearing. "It's never been about the $50 ticket. It's the principle of it all. My concern is for the safety of my children and the safety of anyone that goes through that intersection."

Johnson said that if the yellow light is lengthened in the left turn lane, it would decrease the number of accidents at the intersection because it would give people more time to get through the light instead of making an abrupt stop.

Another argument was whether the violation was civil or criminal in nature. In the brief, Johnson's attorney, Michael Huff, argues that while the violation is classified as civil, the "spirit" of the code is criminal because it's meant to deter and punish red-light runners. But motorists are not allowed to provide a defense in the cases — the same constitutional right granted in a criminal proceeding, Huff said.

Tench said that defendants can provide a defense during the hearings. Johnson noted, however, that he was not allowed to provide a defense during his hearing in general district court.

"Unfortunately while it's civil in nature, a citizen does not have a fundamental right to run a red light," said Tench, noting that no federal appellate court had ever ruled the cameras to be unconstitutional. "Driving is a privilege, it is not a right."

A separate issue emerged during the hearing about whether the violation is civil or a traffic infraction. Johnson will appear in court next month for Tench to rule on this issue. If Tench decides it's a traffic infraction, Johnson can appeal the decision. If it's ruled civil, Johnson will have to pay the $50 fine.

Civil cases cannot be appealed if the amount is $50 or lower.

Johnson has not decided whether to appeal the constitutional aspect of the case to the state court of appeals.